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Four reasons why it's not a good idea to simply agree to legal representation in disciplinary hearings

by , 09 September 2015
Courts have recently said that simply saying 'No!' to an employee's request for legal representation in a disciplinary hearing could make the process unfair.

But, then again, simply saying 'Alright!' can be a problem too.

Here are four reasons why:

1. Allowing your employee to have legal representation during a disciplinary hearing could put you at an unfair disadvantage if you don't have legal representation yourself.
2. If you do have legal representation then you'll be incurring additional costs that you may not want. 


Fact: The CCMA doesn't care why you dismissed an employee... It only wants to know if you dismissed him fairly
3. Including lawyers in a disciplinary can turn it into a court case with formalities and technicalities that are unnecessary for disciplinary hearings.
4. There can be delays because the legal representatives might not be available for the day you want to hold the hearing. 
Looking at these four points, it's clear that finding a balance between a simple 'Yes' and 'No' would be wise. 

A clause in an agreement stating that legal representation is excluded will not count as refusing legal representation. 

In summary, courts have said that, should an employee request legal representation, the Chairperson should at least consider it and determine whether it would be fair to exclude it. 

To learn more, click below…

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